A Comparative Study of Grihya Sutra and Islamic Jurisprudence about Marital and Family Laws

Abstract

This article presents a comparative analysis of marital and family laws as delineated in the Hindu Grihya Sutra and Islamic Jurisprudence. It explores fundamental aspects including the concept and nature of marriage, its various forms, the rights and responsibilities of spouses, financial maintenance (Nafaqah), divorce and separation, polygymy, dispute resolution mechanisms, and the social rights and freedoms of wives. The Grihya Sutra portray marriage primarily as a religious sacrament (samskara), essential for progeny, fulfillment of dharma, and performance of rituals, often emphasizing the husband's authority and the wife's subservience.Conversely, Islamic Fiqh defines marriage (Nikah) as a sacred civil contract based on mutual consent, love, mercy, and social equilibrium. It outlines clear categories of valid (Sahih), irregular (Fasid), and void (Batil) marriages. Islam emphasizes mutual rights and responsibilities, justice, and compassion. The study concludes that while both systems aim to regulate family life, the Grihya Sutras tend to establish a patriarchal structure with male dominance, whereas Islamic Fiqh offers a more balanced framework emphasizing justice, mutual respect, and legally defined rights and obligations for both spouses.

Keywords: Grihiya Sutra, Islamic Jurisprudence, Marital & Family Laws, Samskara, Marriage